Author: Daniel C. Tepstein* Published: February 1997 Topics: Categories of Disputes Labor Arbitral Awards Amendments and Rectification Description: Download Full PDF *B.A., 1993, Loyola Marymount University; J.D., cum laude, 1997,...
Search Results for : %Court Decisions"
...arbitrators and national courts are critical to the functioning of modern international commercial arbitration. Trite but true, although acknowledgement of the place of national courts and national law in this...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...under the Ecuador-US BIT for ‘denial of justice’ due to a wrongful court order,[12] and obtained not just compensation, but also an injunction against Ecuador to nullify its state court’s...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
Author: Hans Smit** Published: October 2003 Topics: Court Decisions Contractual Expansion or Limitation of Judicial Review Review on the Merits Enforcement of Arbitral Awards Enforceability Description: Arbitral mistakes continue to...
Another Judicial Misstep in Correcting an Arbitral Award* – Vol. ...
Author: James M. Gaitis* Published: May 2005 Topics: Commercial Disputes Arbitral Awards Reasons Court Decisions Contractual Expansion or Limitation of Judicial Review Description: I. INTRODUCTION Just as is true with...
International and Domestic Arbitration Procedure: The Need for a Rule ...
...was generally to limit curial intervention in the arbitral process; more particularly, it was to limit such intervention with regard to appeals to the Commercial Court on points of law...
Leave to Appeal and Australia’s Model Uniform Legislation: Curbing Judicial ...
...is one of the few court decisions concerning the implementation of the ICSID Convention. Although ICSID has been functional since 1966, few cases have arisen to test the enforcement system...
Recognition and Enforcement of ICSID Awards: The Decision of the ...
...past, courts had taken different positions on the question. Some courts had ruled class actions not permissible in arbitration, while other courts had ruled class actions permissible and directed the...
Class Actions In Arbitration* – Vol. 14 No. 1-2
...the last two terms of the U.S. Supreme Court have curiously continued that pattern. Once again the Court has handed us three leading cases on closely related themes – and...
Arbitral Power and the Limits of Contract: The New Trilogy ...
...BIT 1993 did not apply to Macau) was discounted by the Singapore Court of Appeal in Sanum v. Laos (SGCA 57, 2016). The court reasoned that: a) the diplomatic letters...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...N.V. v. Republic of Venez, ICSID Case No. ARB/96/3, Decisions of the Tribunal on Objections to Jurisdiction (July 11, 1997), 37 ILM 1378. [4] Treaty Concerning the Reciprocal Encouragement and...
TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...
...were decided in arbitration proceedings that would have remained hidden in the files of the American Arbitration Association if the decision had not been attacked in court. The author of...